Campbell v Chief Executive, Department of Natural Resources

The case of Campbell v Chief Executive, Department of Natural Resources involved an appeal against the annual valuation of a property at Christensen Road, Stapylton. The land, described as Lot 2 on RP 113275, had an area of 1.567 hectares and was zoned as "Rural" under the Gold Coast City Council Planning Scheme. The key issues in the appeal were the comparison of sales, the nature of the land, the impact of road improvements, the use of a sign, and the costs of development. The Chief Executive had issued a valuation of the subject at $330,000, which the appellant contested, claiming the valuation should be $250,000.

The court had to decide whether the Chief Executive's valuation was defective and if so, what the correct valuation should be. The court considered the impact of the proposed realignment of the Pacific Highway, which would remove any direct visual exposure to passing traffic and reduce the use of an advertising sign on the subject. The court also examined the comparison of sales, noting that the respondent's sales of vacant developed lots were superior to the subject, and the costs of development, including the provision of sewerage. The court determined that the Chief Executive had not sufficiently allowed for the likely cost of providing sewerage to the site as part of his "top down" method of valuation.

The court concluded that the appeal was partially upheld, setting aside the Chief Executive's valuation and determining the unimproved value of Lot 2 on RP 113275 at Three Hundred and Fifteen Thousand Dollars ($315,000).